4.1. DRAFT MINUTES (2 SETS) 10-06-2014 VA
City of
Elk Special Meeting of the Elk River City Council
River Held at the Elk River City Hall
Monday, September 8, 2014
Members Present: Mayor Dietz, Councilmembers Wilson, Burandt,Westgaard, and
Motin
Members Absent: None
Staff Present: City Administrator Calvin Portner, Community Operations and
Development Deputy Director Jeremy Barnhart, Finance Director
Tim Simon,Liquor Store Manager Dave Potvin,Assistant Liquor
Store Manager Steve Tillman, Chief Wastewater Treatment Operator
Matt Stevens,Environmental Coordinator Kristin Mroz, Fire Chief
John Cunningham,Police Chief Brad Rolfe, Parks and Recreation
Director Michael Hecker, Street Superintendent MarkThompson, and
City Clerk Tina Allard
I. Call Meeting to Order
Pursuant to due call and notice thereof, the meeting of the Elk River City Council
was called to order at 6:13 p.m. by Mayor Dietz.
2. Pledge of Allegi,: ce
The Pledge o Allegiance was recited.�'
3. Consider Consent Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
:,Wilson to approve the following consent agenda:
3.1` v Changes to the City of Elk River Personnel Policy Manual as outlined
in the staff report.
3.2 Amendment of Lease between City of Elk River and the Elk River
Area Chamber of Commerce.
3.3 Purchase and equipping of 2015 Ford Explorer PUV not to exceed
$35,000.
Motion carried 5-0.
4.1 2015 Budget Discussion
Mr. Simon presented the staff report.
Various departments presented their goals and budget requests for 2015.
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September 8,2014
Liquor Store
Mr. Potvin discussed changes in the liquor industry and noted the city may need to
consider lowering its sales margins.
Councilmember Motin asked Mr. Potvin if he had ideas on the types of businesses
that would be complimentary located adjacent to Westbound Liquor. (EDA recently
purchased two nearby lots)
Mr. Potvin suggested a grocery store but commented the land may not be suited
size-wise.
Mr. Tillman further suggested a convenience store due to its high traffic.
Storm mater
Mayor Dietz stated he doesn't know how the city is going to sell an increase in
property taxes to the public if the storm water budget is left in the General Fund. He
stated staff must handle a tough job publicizing this mandated program and its
corresponding costs. Mayor Dietz suggested an article in the newspaper that
compares the two cost options to taxpayers.
Councilmember Westgaard stated keeping the costs in the General Fund doesn't
seem equitable. He noted some entities, such as churches and schools (larger users),
wouldn't be responsible to pay a fee.
Mr. Portner noted staff is working on an educational campaign utilizing various
communications tools. He stated the city needs to pay for the program and the only
question is which option to use. He stated it could be paid through property taxes,
which acts on the philosophy of, he who has more,pays more; or should it be based
on a user fee. He stated he believes the property tax option is an obsolete process
because people don't hold their wealth in their property like in days past;and actually
tend to hold more debt in their property. He further stated the user fee would be the
more equitable option so everyone pays their fair share.
Councilmember Wilson stated he likes to see staff getting public input as it further
develops good community relationships. He stated he would not like to see a
property tax increase for this program.
Councilmember Burandt confirmed that community participation is needed but she
does prefer the fee option as it seems more equitable.
Councilmember Motin questioned why this decision is coming before the Council
now rather than four or so months ago. He stated this issue has been before Council
for the last three years.
Mr. Portner stated Council requested to wait until the city got its permit from the
Minnesota Pollution Control Agency. He noted the permit was received this year. He
stated the Council decided to contract out the work that needed to be completed this
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September 8,2014
year rather than start the hiring process and building an internal program. He stated
he is not sure how staff could have done it differently because they weren't given
direction on how to proceed.
Councilmember Motin questioned if the requested budgeted amount could be
reduced in half in order to lower the property tax rate.
Mr. Portner stated the city needs to budget for the full amount requested. He further
stated the worst thing the city could do is to set the fee for a lesser amount only to
have to bump it up in another year.
Mayor Dietz agreed that the fee should be set so it won't change for a long time.
Councilmember Westgaard stated he believes the requested budget is reasonable and
noted that most of the increase is due to the police department budget. He
questioned Mr. Portner as to how strongly he felt about keeping/needing the
Human Resources position in the budget.
Mr. Portner stated he feels the position is needed and the human resources
coordinator can never get caught up due to the workload some of which includes:
• Mandatory reporting requirements/deadlines
• Ongoing hiring/seasonal hiring periods
• Annual event planning/open enrollment, contract negotiation etc.
• Volunteer program
• Affordable Care Act
• Policy management
He stated these programs are very difficult for one person to manage.
Mayor Dietz stated he isn't sure he can support the human resources position. He
stated the increase in the levy,without a change to the storm water levy line item is at
2.56%, and he would like to see the amount reduced to below 2%.
Mr. Simon noted with storm water removed from the levy, the levy increase would
actually be at 2.05%
Councilmember Westgaard stated the city still has a GRE fund and questioned if it is
worth pursuing use of these funds to offset some of the costs for quiet zones.
Mr. Simon noted this fund will be discussed as part of the Capital Improvement
Program at an upcoming meeting.
It was noted the costs will still have to be paid back to the fund.
Mr. Portner questioned Council direction regarding the storm water funding.
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September 8,2014
Council consensus was to take the amount out of the General Fund budget at this
time but for staff to still engage with the community to find out the option they are
interested in pursuing for 2016.
Mr. Simon stated a funding source will have to be determined to pay for 2015
expenses.
S. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk
River City Council at 7:28 p.m.
John J. Dietz,Mayor
Tina Allard, City Clerk
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VA
City of
Elk Meeting of the Elk River City Council
River Held at the Elk River City Hall
Monday, September 15, 2014
Members Present: Mayor Dietz, Councilmembers Burandt,Westgaard, and Motin
Members Absent: Councilmember Wilson
Staff Present: City Administrator Calvin Portner, Parks and Recreation Director
Michael Hecker, Finance Director Tim Simon, Planner Zack Carlton,
City Attorney Peter Beck, and Executive Secretary/Deputy City Clerk
Jessica Miller
I. Call Meeting to Order
Pursuant to due call and notice thereof, the meeting of the Elk River City Council
was called to order at 6:11 p.m. by Ma .or Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 09 /15/2014 Agenda._
Purchase of a Vac-Con Truck for e Wastewater Treatment Facility was added as
item 4.9.
Moved by Councilmember Westgaard and seconded by Councilmember
Motin to approve the September 15, 2014, agenda. Motion carried 4-0.
4 Consider Consent Agenda
Moved by Councilmember Motin and seconded by Councilmember
Westgaard to approve the following consent agenda:
4.1 September 2, 2014, Regular Council Minutes.
4.2 Check register as outlined in the staff report.
4.3 Massage therapist licenses for the following applicants to work at
Life's Retreat Massage and Spa, 570 Dodge Avenue NW, valid until
December 31, 2014:
• Michele Cooper
• Betty Jo Kraft
• Cheryl Langston
• Virginia Proudfoot
4.4 Special event permit for the Thumbs Up High 5K on Saturday,
October 4, 2014, subject to the following conditions:
1. Applicant must obtain property owner permission for use of any
private property.
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September 15,2014
2. The event planner is required to notify businesses, residents, and
organizations abutting the route. Downtown businesses must also
be notified of the parking lot closure. The city will provide a
template of the notice that must be distributed.The city will also
provide a list of the properties to be notified. The event planner
must submit an affidavit that the notices were distributed.
3. Applicant must contact Police Captain Ron Nierenhausen
(763.635.1202) at least two weeks prior to event to arrange for police
reserves.
4. Walkers/runners are to utilize sidewalks, trail systems, or road
shoulders throughout the entire route. No road closures will be
permitted. It is each runner's responsibility to ensure the
streets/intersections are safe prior to crossing.
5. Applicant will be responsible for garbage clean-up immediately
following the event.
6. No paint allowed anywhere on route. Chalk or cones may be used
on the sidewalks only. Chalk must be cleaned up immediately
following the event.
7. Damage deposit of$250.00 is required for use of River's Edge
Commons Park and the lower level parking lot.
8. The lower seating area and stage can be used exclusively by the
group but the upper plaza must remain open to the public.
9. Closure of the lower level parking lot will be permitted from 7:00
a.m. to 6:00 p.m. Saturday, October 4, 2014. Parking lot must be
completely cleared prior to removal of the barricades.
10. Applicant is responsible for calling in locates to the power
company for any stakes put into the ground. Applicant must also
receive approval from the Parks and Recreation Department on
location of stakes. No stakes shall be pounded into the pavement
or anywhere in the parking lot.
11. Tents must meet applicable state and fire building code
requirements. Applicant is responsible for contacting the fire
marshal at 763.635.1110 to schedule an inspection of the tents prior
to use.
12. Applicant must provide enough portable toilet facilities through a
private contractor to accommodate the expected attendance.
13. Applicant is responsible for barricading alley and parking lot.
Emergency personnel access must remain open at all times,
therefore, nothing shall be stored or set-up in the alley.
4.5 Adopt Resolution 14-52 Accepting Bid and Authorizing Execution of
Contract in the Matter of the Natures Edge Business Center Phase II.
4.6 Massage Establishment and Therapist License for Misty Dawn
O'Brien, 200 5`'' Street NW,valid until December 31, 2014.
4.7 Revised feasibility study for the future expansion of Yale Street from
Yale Court south 3,200-feet to a new proposed intersection with Trunk
Highway 10/169.
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September 15,2014
4.8 Authorize staff to submit projects for consideration of funding by
MnDOT through their current Corridor of Commerce solicitation as
outlined in the staff report.
4.9 Purchase of Vac-Con Truck for Wastewater Treatment Facility as
outlined in the staff report.
Motion carried 4-0.
S. Open Forum
Senator Mary Kiffineyer stated she will carry legislation in 2015 for construction of
interchange improvements at Highway 10/169/101 in Elk River. She explained that
local support from city, county,businesses, and citizens can have a large impact on a
project being chosen for funding.
6.1 ISD #728 Superintendent Presentation
Dr. Mark Bezek, Superintendent of the Elk River Area Schools,presented
information on the November 4, 2014, bond and levy referendum.
6.2 City of Elk River Volunteer of the Month — Mayor Dietz
Mayor Dietz introduced,read, and presented a plaque to Mike Matter,general
manager of Zylstra Harley-Davidson,Volunteer of the Month for September. He
noted the following volunteering accomplishments:
• Sponsored and organized clean-up following the Elk River Independence
Day event.
• Collected and donated to CAER.
• Supported and hosted numerous fundraising events.
• Hosted Pray Elk River business roundtable.
• Worked with H.O.G. Chapter to clear fire hydrants in Elk River during the
winter and repaint in the summer.
6.3 Constitution Week Proclamation
Mayor Dietz read and presented the proclamation to Marilyn Schroeder,
representative of the Anoka Chapter of the Daughters of the American Revolution.
Moved by Councilmember Burandt and seconded by Councilmember
Westgaard to proclaim September 17 through 23, 2014, as Constitution Week.
Motion carried 4-0.
Ms. Schroeder thanked the Council for their support and invited citizens to view
Constitution Week programming on tpt2.
6.4 Resolution Accepting Donation for Rotary Bench Memorial at Bailey
Point Nature Preserve
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September 15,2014
Mr. Hecker presented the staff report.
Moved by Councilmember Westgaard and seconded by Councilmember
Motin to adopt Resolution 14-53 acknowledging the $3,500 donation from the
Elk River Rotary Club for the purchase and installation of two benches at
Bailey Point Nature Preserve. Motion carried 4-0.
7.1 Preliminary and Final Plat: Nature's Edge Business Center Second
Addition
Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz closed the public hearing.
Moved by Councilmember Westgaard and seconded by Councilmember
Motin to approve the preliminary plat for Natures Edge Business Center
Second Addition, Case No. P 14-05, subject to the following conditions:
1. Access control shall be deeded to MnDOT from Outlot A.
2. No additional drainage shall be routed to MnDOT right of way.
3. The development shall meet all applicable fire codes. The Fire Chief shall
verify the location of all fire hydrants, and may require additional hydrants
necessary to preserve the health and safety of the residents.
4. A wetland buffer of 25 feet applies to all wetlands and a structure setback
of 20 feet from the buffer applies. An exhibit shall be prepared and
included in the literature provided to potential buyers.
5. Wetland boundaries shall be posted as directed in Section 30-1852
6. In addition to the easements shown on the preliminary plat, the following
easements shall be provided:
a) A 25-foot easement adjacent to the outside edge of delineated
wetlands to note, preserve and protect the required no-touch
buffer.
b) A 20-foot pedestrian easement adjacent to the 25-foot easement on
the outside edge of the delineated wetlands to provide for the
future construction of a pedestrian amenity.
7. A NPDES permit is required prior to final approval of construction
drawings.
8. Street trees shall be added along the trail on the east side of Twin Lakes
Road and along both sides of 168`h Lane, one tree per 40 feet.
9. Park Dedication shall be provided in the manner prescribed by the zoning
ordinance at the time of Final Plat release.
10. All required subdivision/park information shall be provided in an
electronic format (.dwg file) as required by the City Ordinance and Land
Use Application prior to recording of the plat.
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September 15,2014
11. This approval of the Preliminary Plat shall expire after 1 year, unless the
property owner or owner's agent has submitted a Final Plat or letter of
request for extension.
Motion carried 4-0.
Moved by Councilmember Westgaard and seconded by Councilmember Motin
to adopt Resolution 14-54 Granting Final Plat approval for Natures Edge
Business Center Second Addition, Case No. P 14-05, subject to the following
conditions:
1. Access control shall be deeded to MnDOT from Outlot A.
2. No additional drainage shall be routed to MnDOT right of way.
3. The development shall meet all applicable fire codes. The Fire Chief shall
verify the location of all fire hydrants, and may require additional hydrants
necessary to preserve the health and safety of the residents.
4. A wetland buffer of 25 feet applies to all wetlands and a structure setback of
20 feet from the buffer applies. An exhibit shall be prepared and included
in the literature provided to potential buyers.
5. Wetland boundaries shall be posted as directed in Section 30-1852
6. In addition to the easements shown on the preliminary plat, the following
easements shall be provided:
c) A 25-foot easement adjacent to the outside edge of delineated
wetlands to note, preserve and protect the required no-touch buffer.
d) A 20-foot pedestrian easement adjacent to the 25-foot easement on
the outside edge of the delineated wetlands to provide for the future
construction of a pedestrian amenity.
7. A NPDES permit is required prior to final approval of construction
drawings.
8. Street trees shall be added along the trail on the east side of Twin Lakes
Road and along both sides of 168`h Lane, one tree per 40 feet.
9. Park Dedication shall be provided in the manner prescribed by the zoning
ordinance at the time of Final Plat release.
10. All required subdivision/park information shall be provided in an
electronic format (.dwg file) as required by the City Ordinance and Land
Use Application prior to recording of the plat.
11. This approval of the Preliminary Plat shall expire after 1 year, unless the
property owner or owner's agent has submitted a Final Plat or letter of
request for extension.
Motion carried 4-0.
7.2 Conditional Use Permit: Ralphie's Victory Lane for a Carwash in the
C-3 Zoning District
Mr. Carlton presented the staff report.
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September 15,2014
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz closed the public hearing.
Moved by Councilmember Motin and seconded by Councilmember Burandt
to approve the Conditional Use Permit request by Brian Brehmer to operate a
carwash in the C-3 zoning district with the following conditions:
1. The conditional use permit is not a building permit and the applicant
must apply for and receive approval of required building and sign permits
before construction may begin.
2. Staff approval of a revised landscape plan prepared by a landscape
architect.
3. Staff approval of a revised site, drainage, and utility plan.
Motion carried 4-0.
8.1 2015 Budget
Mr. Simon presented the staff report.
Moved by Councilmember Westgaard and seconded by Councilmember
Burandt to set the public comment budget meeting for 6:30 p.m. on Monday,
December 1, 2014. Motion carried 4-0.
Moved by Councilmember Westgaard and seconded by Councilmember
Burandt to adopt Resolution 14-55 Authorizing the Proposed Property Tax
Levy for Collection in 2015. Motion carried 4-0.
9. Council Liaison Updates
The Council provided updates of the work of the various boards/commissions.
10. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk
River City Council at 7:10 p.m.
Minutes prepared by Jessica Miller.
John J. Dietz,Mayor
Tina Allard, City Clerk
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